Day 163 - 25 Sep 95 - Page 13

     
     1        complained of.  When you come to your final speeches, it
     2        would pay to read again carefully the Statement of Claim
     3        because, for instance, the Statement of Claim does not
     4        complain of all the words in the leaflet; it complains of
     5        some.
     6
     7   MS. STEEL:  It does not complain about the last page, for
     8        example, I think there may be other bits but I do not know.
     9
    10   MR. JUSTICE BELL:  As an example, under rearing and slaughter,
    11        it sets out just about everything but it does not set out
    12        the last paragraph about having a choice whether to eat --
    13        it does not complain of those words.
    14
    15   MS. STEEL:   Thank you.
    16
    17   MR. RAMPTON:  Your Lordship did say, I think, page 6, line 39,
    18        if I have the same passage, if it be the one I referred to
    19        a moment ago, I have it at page 7, line 35.
    20
    MR. JUSTICE BELL:  Page 6, line 54.  Do you have that?  The
    22        sentence begins:  "If it meant something like -- I will say
    23        this, just consider it and Mr. Rampton can as well -- if it
    24        means something like" -- I will read it out.  I will not
    25        play games.  I have thought about this over the vacation
    26        and I have actually written down the putative meaning so
    27        I will read that out now -- "McDonald's food is unhealthy
    28        because eating it may well make your diet high in fat,
    29        sugar and/or animal products and salt (sodium) and low in
    30        fibre, vitamins and minerals with the very real risk that
    31        you will suffer cancer of the breast or bowel or heart
    32        disease as a result, and that although McDonald's know or
    33        ought to have known this they do not make it clear and they
    34        falsely claim that their food is a useful and nutritious
    35        part of any diet."
    36
    37        What I will do is I will rise now until 10 to 12 so you can
    38        copy that off the end of CaseView.  Then I will carry on
    39        with the interlocutory matters.
    40
                        (Short Adjournment)
    42
    43   MR. RAMPTON:  Before Mr. Morris continues, whether it is our
    44        fault or not, I do not know, but we cannot make English of
    45        your Lordship's possible meaning run.  It says:
    46         "McDonald's food is unhealthy because eating it may well
    47        make your diet high in fat, sugar, animal products and salt
    48        (sodium) and low in fibre, vitamins and minerals" and then,
    49         "A very real risk".
    50 
    51   MR. JUSTICE BELL:  "With the very real risk". 
    52 
    53   MS. STEEL:  Can I just say, I actually found the last one and
    54        compared them against the two and one of them says "the"
    55        and one of them says "a", "with a very real risk".
    56
    57   MR. JUSTICE BELL:  Have some sympathy with Miss Foot, but I am
    58        sure that I said "with the very real risk" ---
    59
    60   MS. STEEL:   I was not sure which one it was supposed to be.